Beer production and trading is a thriving industry due to the habits and characteristics of Vietnamese consumers. As a result, this potential market has sparked the interest of many investors. However, investors must meet certain requirements to legally produce and trade beer in Vietnam.
Through this article, BLawyers Vietnam will introduce several conditions for the self-produced beer business in Vietnam.
I. Conditions for beer production and trading in Vietnam
Beer is a food-grade alcoholic beverage obtained from the fermentation of a mixture of ingredients mainly including malt, barley, yeast, hops, and water.
Beer production and trading is a conditional business line (food business is under the specialized management of the Ministry of Industry and Trade). Unlike alcohol businesses, beer businesses do not need to apply for a trading permit. To produce and trade beer, enterprises must apply for a Certificate of Food Safety and self-declare the quality of beer products before releasing goods to the market.
II. Procedures to start a self-produced beer business in Vietnam
Enterprises can refer to the following procedures to self-produce and trade beer:
1. Step 1 – Establishing a company and registering beer production and trading business lines
Investors must decide on the type of business to start, as well as the appropriate business lines to conduct beer production and trading activities. Domestic investors must apply for an Enterprise Registration Certificate. Foreign investors are required to apply for an Investment Registration Certificate and an Enterprise Registration Certificate.
2. Step 2 – Applying for a Certificate of Food Safety Eligibility
Beer production and trading enterprises must apply for Certificates of Food Safety. The Certificate of Food Safety is valid for 03 years.
Conditions for satisfying
Enterprises must meet the following conditions to apply for a Certificate of Food Safety:
(i) Beer production conditions and facilities must be built in accordance with the planning and approved by the competent authority;
(ii) Clean water source conditions for beer production: Standards must be met, as well as a sufficient source of water during beer production; and
(iii) Regularly allocate conditions on the beer quality control system, checking each quality of beer when it is just finished production when it is delivered and the tank system.
Procedures and orders
(i) Step 1: Submitting a dossier to the competent agency;
(ii) Step 2: The competent agency shall physically inspect the conditions for ensuring food safety at the food production and trading organization within 15 working days of receipt of a complete and valid dossier.
(iii) Step 3: Obtaining a Certificate of Food Safety.
(i) Application form for a Certificate of Food Safety;
(ii) Copy of Enterprise Registration Certificate;
(iii) Written explanation of facilities, equipment, and tools to ensure food hygiene and safety conditions as prescribed by the competent agency;
(iv) Health certificate issued by a district-level or higher medical facility to the enterprise’s owner and the person directly producing food; and
(v) Certificate of training in food safety and hygiene knowledge for the enterprise’s owner and the person directly producing food.
3. Step 3 – Self-declaring the quality of beer products
When producing and trading beer, enterprises must self-declare their products in accordance with the law. After self-declaration of beer products, enterprises have the right to produce and trade beer while accepting full responsibility for the safety of such products.
Procedures and orders
(i) Step 1: Testing beer products;
(ii) Step 2: Self-declaring beer products on the mass media or the website or publicly posting them at the enterprise’s headquarters;
(iii) Step 3: Submitting the dossier to the competent agency designated by the province’s People’s Committee.
(i) Product self-declaration; and
(ii) The result of beer products food safety testing.
In short, investors must meet the conditions outlined above to legally produce and trade beer in Vietnam. Investors must understand the conditions and procedures to ensure legal compliance and limit legal risks while conducting business.
Should you have any questions about the above contents, please revert to BLawyers Vietnam at firstname.lastname@example.org. We are more than happy to hear from you!
Date: 24 January 2022
Writer: Linh Nguyen
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